The Review of the Remedies Directives the Commission’s perspective

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Presentation transcript:

The Review of the Remedies Directives the Commission’s perspective Bertrand Carsin, Director Public Procurement Policy Directorate Internal Market and Services DG Conference on "Public Procurement Review & Remedies Systems", Dubrovnik 24-25 May 07

The Review of the Remedies Directives Introduction

The Review of the Remedies Directives Directives 89/665/EEC and 92/13/EEC Pre-contractual remedies Post-contractual remedies

The Review of the Remedies Directives Key proposed elements of the review Introduction of a standstill period between the award and the conclusion of a public contract Combatting illegal direct awards of public contracts

The Review of the Remedies Directives I. Standstill period Results from Alcatel case law of ECJ Allows for effective pre-contractual remedies

The Review of the Remedies Directives Proposed sanctions in case of violation of standstill ineffectiveness of the contract alternative penalties, such as fines

The Review of the Remedies Directives II. Illegal direct awards Pre-contractual standstill period proposed by Commission (« ex ante ») Post-contractual remedy proposed by Council (ineffectiveness « ex post »)

The Review of the Remedies Directives Proposed sanctions in case of illegal direct awards ineffectiveness of the contract alternative penalties, such as fines

The Review of the Remedies Directives Co-decision procedure – First reading Position of Council Position of European Parliament

The Review of the Remedies Directives Some topics of discussion Sanctions Derogations Duration of standstill period Framework agreements

The Review of the Remedies Directives Concluding remarks